THE-ANDHRA-PRADESH-REGULATION-OF-APPOINTMENTS-TO-PUBLIC-SERVICES-AND-RATIONALISATION-OF-STAFF-PATTERN-AND-PAY-STRUCTURE-ACT-1994Download
THE ANDHRA PRADESH (REGULATION OF APPOINTMENTS TO PUBLIC
SERVICES AND RATIONALISATION OF STAFF PATTERN AND PAY
STRUCTURE) ACT, 1994
ACT No. 2 OF 1994
ARRANGEMENT OF SECTIONS
SECTIONS
- Short title and Commencement.
- Definitions.
- Prohibition of daily wage appointments and regulation of
temporary appointments. - Regulation of recruitment.
- Bills not to be passed.
- Penalties.
- Bar for regularization of services.
7A. Abatement of Claims. - Power to give directions.
- Abatement of claims.
- Creation of Posts.
- Review Committees.
- Committee to exercise the powers of the Civil Court.
- Offences and Punishments.
- Penalty for abetters.
- Offences by Companies.
- Bar of Jurisdiction of Civil Courts.
- Act to override other Laws.
- Power to make rules.
- Guidelines for interpretation of Act.
- Repeal of Ordinance 8 of 1993.
THE ANDHRA PRADESH (REGULATION OF APPOINTMENTS TO PUBLIC
SERVICES AND RATIONALISATION OF STAFF PATTERN AND PAY
STRUCTURE) ACT, 1994
(ACT 2 OF 1994)
[15th January, 1994.]
AN ACT TO REGULATE APPOINTMENTS AND PROHIBIT IRREGULAR
APPOINTMENTS IN OFFICES AND ESTABLISHMENTS UNDER THE
CONTROL OF THE STATE GOVERNMENT, LOCAL AUTHORITIES,
CORPORATIONS OWNED AND CONTROLLED BY THE STATE
GOVERNMENT AND OTHER BODIES ESTABLISHED UNDER A LAW
MADE BY THE LEGISLATURE OF THE STATE TO RATIONALISE THE
STAFF PATTERN AND PAY STRUCTURE OF EMPLOYEES THEREIN
AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERETO.
Be It enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Forty- fourth Year of the Republic of India as follows:- - Short title and Commencement – (1) This Act may be called the Andhra
Pradesh (Regulation of Appointments to Public Services and Rationalisation of
Staff Pattern and Pay Structure) Act, 1994.
(2) It shall be deemed to have come into force with effect on and from the
25th November, 1993. - Definitions – In this Act unless the context otherwise requires,-
(i)’competent authority’ means the officer or authority specified by the
Government by notification to exercise the powers and perform the functions of
a competent authority under this Act and they may specify the different
authorities for different purposes, different districts and different departments
and institutions;
(ii) ‘daily wage employee’ means any person who is employed in any
public service on the basis of payment of daily wages and includes a person
employed on the basis of nominal muster roll or consolidated pay either, on
full-time or part-time or piece rate basis or as a work charged employee and
any other similar category of employees by whatever designation called other
than those who are selected and appointed in a sanctioned post in accordance
with the- relevant rules on a regular basis;
(iii) ’Government’ means the State Government;
(iv) ‘local authority’ means,-
(a) a Gram Panchayat established under the Andhra Pradesh Gram
Panchayats Act, 1964 (Act 2 of 1964);
(b) a Mandal Praja Parishad or a Zilla Praja Parishad established
under the Andhra Pradesh Mandala Praja Parishad, Zilla Praja
Parishads and Zilla Pranalika and Abhivrudi Sameeksha Mandals
Act, 1986 (Act 31 of 1986);
(c) a Municipality constituted under the Andhra Pradesh
Municipalities Act, 1965 (Act VI of 1965); and
(d) a Municipal Corporation established under the relevant law, for
the time, being in force, relating to Municipal Corporations; ;
(v) ‘Notification’ means, a notification published in the Andhra Pradesh
Gazette;
1[(vi) “Public Services for the purposes of this Act” means, services in any
office or establishment of:-
(a) the Government;
(b) a local authority;
(c) a Corporation or undertaking wholly owned or controlled by the
State Government;
(d) a body established under any law made by the Legislature of the
State whether incorporated or not; including a University;
(e) a Co-operative Society registered under the Andhra Pradesh Cooperative Societies Act, 1964 (Act 7 of 1964); and
(f) any other body established by the State Government or by a
Society, other than the Society specified under sub-clause (e),
registered under any law relating to the registration of societies for
the time being in force, and receiving funds from the State
Government either fully or partly for its maintenance or any
educational institution whether registered or not but receiving aid
from the Government.] - Prohibition of daily wage appointments and regulation of temporary
appointments – (1) The appointment of any person in any public service to any
post,, in any class, category or grade as a daily wage employee is hereby
prohibited.
(2) No temporary appointment shall be made in any public service to any
post, in any class, category or grade without the prior permission of the competent authority and without the name of the concerned candidate being
sponsored by the Employment Exchange. - Regulation of recruitment – 2[(1)] No recruitment in any public service to
any post in any class, category or grade shall be made except, —
(a) from the panel of candidates selected and recommended for
appointment by the Public Service Commission/College Service
Commission where the post is within the purview of the said
Commission;
(b) from a panel prepared by any Selection Committee constituted for
the purpose in accordance with the relevant rules or orders issued in
that behalf; and
3[(c) from the candidates having the requisite qualification either
sponsored by the Employment Exchange or applied in response to the
wide publicity of vacancy position through Daily News paper having
wider circulation or Employment News Bulletin and also display on
the Office Notice Boards or announcement through Radio or
Television in other cases where recruitment otherwise than in
accordance with clauses (a) and (b) is permissible.]
4[XXXX]
1 . The Clause (vi) substituted by the Act No. 5 of 2004, section 2.
2 . Section 4 renumbered as sub-section (1) of section (4) by the Act No.16 of 1997, section 2.
3 . The Clause (c) substituted by the Act No. 5 of 2009, section 2.
4 . Explanation omitted by the Act No.16 of 1997, section 2.
1[(2) Nothing in sub-section (1) shall apply,-
(a) to the compassionate appointments made in favour of a son or a
daughter or spouse of any person employed in public service who dies
in harness or who retires from service on medical grounds, in
accordance with the relevant orders issued from time to time;
2[(b) to the appointments made in favour of a son or daughter or
spouse or a grand son (son’s son) or a grand daughter (son’s
daughter) or a grand son (dependent daughter’s son) or a grand
daughter (dependent daughter’s daughter) of any married person or a
brother or a sister or parent of any unmarried person killed or totally
incapacitated in extremist violence or in police firing or bomb-blast or
in communal violence irrespective of the age of the killed who is not
accused of an offence, made in accordance with the relevant orders
issued from time to time.
Explanation:- “totally incapacitated” means certified as such by the
Medical Board.] ]
3[(c) to the appointments made in favour of members of Scheduled
Castes or Scheduled Tribes, who or whose parents or spouse are
subjected to atrocities, in accordance with the relevant orders issued
from time to time;]
4[(d) to any suitable appointments to be made in compliance with
assurance bearing Number 2488/X/96, Assembly Secretariat, dated
10th September, 1996 made on the floor of the Legislative Assembly of
the State.]
5[(e) to any appointment to be made in compliance with the decision
of Council of Ministers vide resolution CR No. 708(1)/2016, dated the
22nd August, 2016.]
6[(f) to any appointment to be made in compliance with the decision of
of Council of Ministers vide resolution CR No. 459-2/2017, dated the
1st November, 2017.] - Bills not to be passed – Where an appointment is not in accordance with
section 4, the drawing authority shall not sign the salary bill of the appointee
concerned and the Pay and Accounts Officer, Sub-Treasury Officer or any other
officer who is charged with the responsibility of passing the salary bill shall not
pass such bill unless a certificate issued by the appointing authority to the
effect that the appointment has been made in accordance with section 4 is
attached to the first salary bill of the appointee concerned. - Penalties – (1) Where any holder of an elective office or any officer or
authority makes any appointment in contravention of the provisions of this
Act,-
(a) it shall be deemed in the case of the holder of an elective office
that he has abused his position or power and accordingly the
competent authority shall initiate proceedings for his removal; and
(b) in the case of an officer or authority it shall be deemed that he is
guilty of misconduct and the competent authority shall initiate action
under the relevant disciplinary rules.
1 . sub-section (2) of Section (4) added by the Act No.16 of 1997, section 2.
2 . Clause (b) substituted by the Act No. 5 of 2009, section 2.
3 . Clause (c) added by the Act No. 3 of 1998, section 2.
4 . The Clause (d) added by the Act No. 27 of 1998, section 3.
5 . The Clause (e) added by the Act No. 17 of 2017, section 2.
6 . The Clause (f) added by the Act No. 9 of 2018, section 2.
(2) In addition to taking action under sub-section (1) the pay and allowances paid to the person whose appointment is in contravention of the provisions of this Act shall be deemed to be an illegal payment and a loss to the
Government or, as the case may be, to the concerned Institution and the same
shall be recoverable by surcharging the same under the Andhra Pradesh State
Audit Act,1989 (Act 9 of 1989) against the person, officer or authority who
makes such appointment in contravention of the provisions of this Act or where
such surcharge is not possible under the said Act in accordance with
such manner as may be prescribed including as arrears of land revenue. - Bar for regularization of services – No person who is a daily wage employee
and no person who is appointed on a temporary basis under
1[Section 3 and no person who] is continuing as such at such at the
commencement of this Act shall have or shall be deemed ever to have a right to
claim for regularisation of services on any ground whatsoever and the services
of such person shall be liable to be terminated at any time without any notice
and without assigning any reasons:
2[Provided that the services of those persons continuing as on the 25th
November, 1993 having completed a continuous minimum period of five years
of service on or before 25th November, 1993 either on daily wage, or nominal
muster roll, or consolidated pay or as a contingent worker on full time basis,
shall be regularized in substantive vacancies, if they were otherwise qualified
fulfilling the other conditions stipulated in the scheme formulated in
G.O.Ms.No.212, Finance & Planning (FW.PC.III) Department, dated the 22nd
April, 1994:]
3[Provided further that the services of a person who worked on part-time
basis continuously for a minimum period of ten years and is continuing as
such on the date of the commencement of this Act shall be regularized in
accordance with the scheme formulated in G.O.(P).112, Finance & Planning
(FW.PC.III) Department, dated the 23rd July, 1997:]
4[Provided also that] in the case of Workmen falling within the scope of
section 25-F of the Industrial Disputes Act 1947, one month’s wages and such
compensation as would be payable under the said section shall be paid in case
of termination of services:
4[Provided also that] nothing in this section shall apply to the Workmen
governed by Chapter V-B of the Industrial Disputes Act, 1947.
Explanation: For the removal of doubts it is hereby declared that the
termination of services under this section shall not be deemed to be dismissal
or removal from service within the meaning of article 311 of the Constitution or
of any other relevant law providing for the dismissal or removal of employees
but shall only amount to termination simpliciter, not amounting to any
punishment.
5[7A. Abatement of Claims – (1) Notwithstanding any Government order,
judgement, decree or order of any Court, Tribunal or other authority, no person
shall claim for regularization of service under the first proviso to Section 7 as it
was incorporated by the Andhra Pradesh (Regulation of Appointments to Public
Services and Rationalisation of Staff Pattern and Pay Structure) (Amendment)
Act, 1998 (Act 3 of 1998).
1 . The expression substituted by the Act No. 3 of 1998, section 3.
2 . First proviso inserted by the Act No.3 of 1998 Section 3 and subsequently substituted by
Act No. 27 of 1998, section 4.
3 . Provisos one and two inserted by Act No.3 of 1998, section 3.
4 . The words substituted by the Act No. 3 of 1998, section 3.
5 . The Section 7A inserted by the Act No. 27 of 1998, section 5.
(2) No suit or other proceedings shall be maintained or continued in any
Court, Tribunal or other authority against the Government or any person or
other authority whatsoever for regularization of services and all such pending
proceedings shall abate forthwith;
(3) No Court shall enforce any decree or order directing the Government
or any person or other authority whatsoever for regularization of services.] - Power to give direction – For the purpose of enforcing the provisions of this
Act, it shall be competent for the Government, the Pay and Accounts Officer,
the Director of Treasuries and Accounts, the Director of State Audit, Director of
Accounts of the Project Department or any Head of the Department of the
Government to issue such directions as they may deem fit to their
subordinates and the subordinate shall comply with such directions where any
subordinate officer is guilty of non-compliance with such directions it shall be
deemed that he is guilty of misconduct for proceeding under the relevant
disciplinary rules. - Abatement of claims – Notwithstanding anything contained in any
judgment, decree or order of any court, tribunal or other authority, the claims
for regular appointment of all daily wage employees and persons appointed on
a temporary basis, shall stand abated and accordingly, –
(a) no suit or other proceeding shall be instituted, maintained or
continued in any court, tribunal or other authority by the daily
wage or temporary appointees against the Government or any
person or authority whatsoever for the regularisation of the
services;
(b) no court shall enforce any decree or order directing the
regularisation of the services of such persons; and
(c) all proceedings pending in any court or tribunal claiming the
regularization of services shall abate. - Creation of Posts – (1) No post shall be created in any office or
establishment relating to a public service without the previous sanction of the
competent authority.
(2) Any appointment made to any post created in violation of sub-section
(1) shall be invalid and the provisions of sections 5, 6 and 7 shall mutatis
mutandis apply to such appointments. - Review Committee – (1) Within a period of one month from the date of
commencement of this Act, the Government shall constitute a Committee with
an officer not less in rank than a Secretary to Government as the Chairman
and such number of members of such rank as they may deem fit, to review,-
(a) the existing staff pattern in any office or establishment
employing persons belonging to any public service keeping in view
the workload of such office or establishment; and
(b) the pay scales, allowances, exgratia, bonus, pension, gratuity
and other terminal benefits and perquisites applicable to the post
belonging to any public service of such office or establishment
(other than the teaching staff of the Universities) keeping in view
the qualifications and job requirements of each such post.
(2) After undertaking review under subsection (1) the committee shall
submit a report with its recommendations to the Government for such action
as may be prescribed by rules made in this behalf.
(3) The Committee shall regulate its own procedure for discharging the
functions under this section. (4) All orders and decisions of the Committee
shall he authenticated by the Chairman or a member authorised by him in this
behalf.
Explanation:- For the purposes of this section Secretary to Government
includes a Principal Secretary or Special Secretary to Government. - Committee to exercise the powers of the Civil Court – (1) The
Committee constituted under section 11 shall, while discharging the duties
under this Act, have all the powers of a Civil Court while trying a suit under
the Code of Civil Procedure, 1908 (Central Act V of 1908) in respect of the
following matters, namely:-
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court
or office; and
(e) issuing commissions for the examination of witnesses or
documents.
(2) For purposes of discharging its duties the Committee shall have the
right’ to inspect or cause to be inspected any office or establishment referred to
in sub-section (1) of section 11. - Offences and Punishments – (1) Any person or authority who contravenes
the provisions of this Act shall apart from the penalties otherwise provided for,
be punishable with imprisonment for a term which shall not be less than six
months and which may extend upto two years and also with fine which shall
not be less than five thousand rupees but which may extend upto ten
thousand rupees.
(2) No court shall take cognizance of an offence punishable under this
section except with the previous sanction of the Government. - Penalty for abetters – Whoever abets any offence punishable under this
Act shall be punished with the punishment provided for in this Act for such
offence. - Offences by Companies – Where an offence against any of the provisions
of this Act or any rule made thereunder has been committed by a Company,
every person, who at the time of the offence was committed, was incharge of,
and was responsible to the company for the conduct shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment, if he proves that the offence was
committed without his knowledge or that he had exercised all due deligance to
prevent the commission of such offence.
(2) Notwithstanding any thing in sub-section (1) where any such offence
has been committed by a company and it is proved that the offence, has been
committed with the consent or connivance of, or is attributable, to any neglect
on the part of, any Director, Manager, Secretary or other officer or the
Company, shall be liable to be proceeded against and punished accordingly.
Explanation:- For the purpose of this section,-
(a) “Company” means a company as defined in the Companies Act,
1956(Central Act I of 1956) and includes a University, a firm, a society or other
association of individuals; and
(b) “Director” in relation to,-
(i) a ‘firm,’ means a partner in the firm;
(ii) a University, a society or other association of individuals means
the parson who is entrusted with the power to male appointments in the case
of a University under the concerned law under which the University is
established, and in other cases under the rules of the society or other
association, as the case may be. - Bar of Jurisdiction of Civil Courts – No suit, prosecution or other legal
proceedings shall lie against any person for anything which is in good faith
done or intended to be done in pursuance of this Act or the rules made
thereunder. - Act to override other Laws – The provisions of this Act shall have effect
notwithstanding anything contained in any other law for the time being in force
or any judgement, decree or order of any court, tribunal or other authority. - Power to make rules – (1) The Government may by notification, make
rules for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall immediately after it is made, be
laid before the Legislative Assembly of the State, if it is in session and if it is
not in session, in the session immediately following for a total period of
fourteen days which may be comprised in one session or in two successive
sessions, and if, before the expiration of the session in which it is so laid or the
session immediately following the Legislative Assembly agrees in making-any
modification in the rule or in the annulment of the rule, the rule shall, from the
date on which the modification or annulment is notified, have effect only in
such modified form or shall stand annulled as the case may be so, however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule. - Guidelines for interpretation of Act – The Schedule to this Act shall
constitute the guidelines for the interpretation and implementation of this Act. - Repeal of Ordinance 8 of 1993 – The Andhra Pradesh (Regulation of
Appointments to Public Services and Rationalisation of Staff Pattern and Pay
Structure) Ordinance, 1993 is hereby repealed.
THE SCHEDULE
THE STATEMENT OF OBJECTS AND REASONS TO THE ANDHRA
PRADESH [REGULATION OF APPOINTMENT TO PUBLIC SERVICES AND
RATIONALISATION OF STAFF PATTERN AND PAY STRUCTURE] BILL,
1993
The Constitution envisages the State to be a welfare State. The long
cherished, dictum of Bentham is that the State should try to maximise the
good to maximum number of its citizens. State Government has to collect
taxes ‘and non-taxes from its citizens who can afford to pay so that such funds
can be used for maintaining law and order which is a pre-requisite for any
orderly Government and use the rest of the funds for the welfare of various
sections of the society. In this process Government has to necessarily have its
own employees to collect taxes and implement the welfare and developmental
programmes. The cost of such Government employees is, therefore, a necessary
item of expenditure of the State Government. But, the amount so spent on its
staff should be reasonable and should leave adequate amount for taking up
welfare and developmental activities for the rest of citizens. The percentage of
the employee population including their families to the total population of our
State is about 10%. It may not be always possible to limit expenditure on the
employees to that percentage but at the same time it should not be such that
the staff’s expenditure leaves very little for remaining 90% of the people.
The number of employees has been increasing at an enoromous rate. The
census of Government employees conducted by the State Government in 1976,
1981 and 1988 and as projected in 1993 shows that the number of employees
of the Government, Universities, Institutions receiving Grant-In-Aid and Public
Sector Undertakings, Local Bodies has increased from 6.78 lakhs in 1976 to
12.34 lakhs in 1993 which constituted an increase of 82%. Out of this, the
employees of the Departments of the State alone Increased from 2.85 lakhs to
5.56 lakhs representing an increase of 95%. The Public Sector Undertakings
grew at 128% from 1.44 lakhs to 3.28 lakhs. Among the Government
employees and Local Body employees, the class IV and other categories
constitute about 41%.
The expenditure particulars show that the amount spent on the salaries,
allowances and pension of Government employees, Panchayat Raj employees,
employees paid out of the Grant-in-Aid, amounts to a figure of RS.4277 crores
in 1993-94 salaries on the due dates. Government considers that it is not fair
that people’s interest should be neglected and even sacrificed by not taking up
schemes just to pay salaries to its employees.
In addition to the salary and pension commitment there is a heavy debt
servicing burden on the Government. The debt also has been increasing from
year to year. In 1983 the total outstanding debt was Rs..2543crores. It has now
reached Rs.10970 crores during 1993-94. At present, the Government are
paying as much as Rs.1012 crores for payment of interest and Rs.33O crores
for repayment of principal amount every year. The total amount of non-plan
items of expenditure in 1993-94 is amounting to Rs. 6222 crores, which cannot
be avoided. The Government are not able to complete a number of irrigation
Projects and Power Projects because of lack of funds, for the same reason
productive assets like completed irrigation projects and roads are not being
properly maintained resulting in wastage of assets whose replacement will cost
several hundreds of crores of rupees. At present, the Government are spending
81% of the debt they receive from the Government of India, Market borrowings
and all other categories of loans for repayment; which means only 19% of the
total debt is being added to our resources. But it is estimated that from next
year onwards the repayment will be more than the debt receipts. If the
Government are caugnt in such a debt trap the amount available to the State
Government will be limited to its own tax and non-tax revenues and the
devolutions from the Government of India. The devolutions expected from the
Government of India is about Rs.1698 crores in 1993-94. Since the
expenditure on establishment is already 105% of the own tax and nontax
revenues of the state, it can be seen that between this expenditure and other
non-plan expenditure the Government would have exhausted the most of the
resources leaving very little for welfare schemes end developmental
programties. Since no Government can allow such total neglect of welfare and
developmental activities the employees of the State will not be getting salaries
on time and eventually they will not be getting their full salary also.
The irregular appointments are adversely affecting the interest of several
thousands of unemployed persons who have registered in the employment
exchange and awaiting their turn for orders. It is also adversely affecting the
interests of Scheduled Castes, Scheduled Tribes and Backward Classes who
have reservation in employment since the N.M.R. appointments are not taking
care of the reservation for these categories. Government have constituted
District Selection Committees and some adhoc Selection Committees besides
the Andhra Pradesh Public Service Commission to takeup recruitment in
accordance with law in Government Departments. Irregular appointments are
depriving these legitimate recruiting bodies from performing their functions.
Irregular appointments in excess of sanctioned strength will also result in
industrial undertakings becoming unviable and eventually sick. When a unit
goes sick, it results in retrenchment and even winding-up, thus, adversely
affecting the interests of the existing employees who are recruited against
sanctioned strength and through authorised process of selection. Similarly
unauthorised appointments over and above the sanctioned strength in
Government Departments would also increase the number of employees and to
that extent militate against the Government looking after the existing
employees who have been recruited through proper channel. The Act will,
therefore, protect the interests of candidates in Employment Exchanges,
reserved categories, the existing employees who were recruited through proper
channel and the legitimate functions of the recruiting agencies.
From the above, it can be seen that the financial position of the State
arising out of excessive expenditure on staff is so alarming that it cannot be
tackled by ordinary administrative actions and instructions. It is, therefore,
thought that a time has come then we have to provide for deterrent action for
illegal and irregular appointments by enacting a law. It has accordingly been
decided to enact a law to achieve the following objects, namely;-
(a) total1y banning such appointments in the institutions covered by
legislation;
(b) imposing stringent penalties for making appoints by public servants
on violation of the law;
(c) to protect public servants from being held for contempt for noncompliance of the orders of Tribunal or High Court and also for abatement of
pending cases claiming regularisation. of services which are already filed
before, the courts of law by making a suitable provision therefor ; and
(d) to protect the interests of candidates registered with Employment
Exchange, the reservation rights of Scheduled Castes, Scheduled Tribes and
Backward Classes, the rights of the existing employees who are recruited
through proper channel and the functions of Andhra Pradesh Public Service
Commission, District Selection Committees and other Selection Committees
constituted by the Government.
The legislation will prevent further deterioration of finances of the State
and at the same time conserve the resources for the welfare and developmental
activities.
As the Legislative Assembly was not then in session having been
prorogued and as it was decided to give effect to the above decision
immediately the Andhra Pradesh (Regulation of Appointments to Public
Services and Rationalisation of staff Pattern and Pay Structure) Ordinance,
1993 (Andhra Pradesh Ordinance 8 of 1993) was promulgated by the Governor
on the 24th November, 1993.
This Bill seeks to give effect to the above objectives.
